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Clients booking by telephone, facsimile, web or e-mail will be deemed to have read and accepted the Booking Conditions set out below. THEREFORE, PLEASE READ THEM CAREFULLY. A booking is accepted and becomes legally binding only from the date when On The Go Tours (the "Company") has confirmed its acceptance in writing and issued a confirmation invoice. It is at this point that a contract between the Company and you (the ’Client’) comes into existence. The Contract is between the Company and the Client, being all persons named on the booking form travelling or intending to travel with the Company. The person signing the booking form (which incorporates these conditions) warrants that he/she has full authority to do so on behalf of all persons whose names appear on the booking form (the ’Party’), and confirms that all such persons are fully aware of and accept these conditions. However, for the avoidance of doubt, that person’s signature confirms his or her responsibility for all payment due in respect of all persons within the Party. No agent or employee of the Company other than a director has the authority to vary or omit any of these conditions or promise any discount or refund.
The balance of all monies due, including any surcharges applicable at that time, must be paid to the Company or their agent not later than 60 days before departure. The Company will not accept responsibility for any monies sent by post. The Company reserves the right to pass on any charges relating to returned cheques and credit card charge backs. Payment can be made by debit cards and all major credit cards. The Company reserves the right to charge 5% of the total of all monies due in relation to payments made by credit card. In accordance with mail order regulations, all documents will be posted to the billing address of the credit/debit cardholder and not the address of the passenger (unless they are one and the same). The Company will not be responsible for documents mislaid or lost in the postal system. Documents can be sent by registered post or courier but will be subject to an additional fee. In the case of non-payment of the balance by the due date, the Company will treat the booking as cancelled by the Client and reserves the right to charge the Client a cancellation charge in accordance with the scale set out in paragraph 5 (below). Monies paid to an agent acting on behalf of the Company, for tours operated by the Company, are held by the agent on behalf of the Company.
Any changes to the original booking (for example, hotel, passenger names but not departure dates (see below) must be confirmed in writing by the person signing the booking form and must be accompanied by an administration fee of GBP 25, AUD 75, NZD 100, USD 50, CAD 50, EURO 25, ZAR 300 per booking in addition to any further costs that the Company may incur. Whilst every reasonable effort will be made to accommodate changes and additional requests, their availability cannot be guaranteed. A change of departure date must be requested in writing by the person signing the booking form and must be accompanied by the above administration fee, unless the request is within 60 days of departure in which case cancellation fees will be applied as detailed in paragraph 5 (below). To reiterate, these charges are in addition to any further charges made by our appointed agent/suppliers, whereby you would incur charges levied by this third party. Changes by the client as detailed above are permissible when booking a holiday at the standard price, not at a sale or promotional price. Should changes be required on a holiday booked at a sale or promotional price after the sale has ended, 100% cancelation fees apply. The client may choose to re-book at the standard price available at the time. If booking a tour at a sale or promotional price full payment must be made at the time of booking, bookings are non-transferrable and non-refundable.
If any number of the Party is prevented from travelling it may be possible to transfer the booking to another suitable person provided that written notice is given at least 60 days prior to departure. A “suitable person” is one who has completed the booking form and Fit to Travel form, presented travel insurance and obtained approval to travel from the Company. An administration fee of GBP 50, AUD 150, NZD 200, USD 100, CAD 100, EURO 50, ZAR 600 will be charged plus any additional costs that are imposed on the Company. Airlines may impose 100% cancellation charges and the cost of a new ticket. Cancellation by the Client: The Client may cancel the booking at any time provided that the cancellation is communicated to the Company in writing. Cancellation charges will be applied as shown below calculated from the day when written notice is received by the Company. The more notice that the Company receives, the less the Company will charge the Client. However, in addition to the charges shown below air tickets also incur cancellation charges as detailed below.
The Client may cancel the booking at any time provided that the cancellation is communicated to the Company in writing. Cancellation charges will be applied as shown below calculated from the day when written notice is received by the Company. The more notice that the Company receives, the less the Company will charge the Client. However, in addition to the charges shown below many air tickets have no refund value whatsoever and, therefore, airlines may impose 100% cancellation charges and the cost of a new ticket. Cancellation charges apply as follows:
Period before departure:
• Airline tickets 100% of total airline ticket
• 60 days or more - Forfeit of deposit & additional Machu Picchu deposit if applicable
• 59 - 31 - 50% of total cost or deposit - whichever is the greater amount
• 30 days or less - 100% of total cost
In addition to the above cancellation charges, the full insurance premium is also payable in the event of a cancellation by the Client. If the reason for cancellation is covered by the Client’s travel insurance policy, the Client may be able to reclaim these charges.
The Company’s aim is to operate all tours as advertised but by entering into the Contract the Client accepts that it may prove necessary or advisable to vary or modify a tour itinerary or its contents due to prevailing local conditions or any other reason. The Company reserves the right at any time to cancel or change any of the facilities, services or prices described in our brochure or website (including transportation costs, fuel costs, dues, taxes, fees such as landing taxes or embarkation/disembarkation fees at ports/airports and exchange rates) and to substitute alternative arrangements of comparable monetary value or charge a supplement locally if alternative arrangements cannot be made, without compensation to the Client and accepts no liability to the Client whatsoever for costs or loss of enjoyment as a result of these changes. Where a major change is made prior to departure the Client will have the choice of either: (i) accepting another tour of equivalent or superior standard; or (ii) a choice of specified travel arrangements of a lower standard to those previously booked together with a refund of the difference in price; or (iii) cancelling the tour and obtaining a full refund. ‘The definition of “major change” is a change that is reasonably required but will depend on the individual tour and circumstances.’
Examples of minor changes include alteration of the Client’s outward/return flights by less than 12 hours, changes to aircraft/transportation type, re-routing of journeys and a change of accommodation to another commensurate to the standard as advertised within the brochure, for the specific tour as confirmed by the client.
Provided that the major change, prior to departure is because of “Force Majeure” or “Low Bookings” (see below) compensation will be limited to GBP 40, AUD 150, NZD 200, USD 80, CAD 80, EURO 40, ZAR 480 per person travelling. “Force Majeure” includes war, threat of war, riot, civil strife, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions, technical or maintenance problems with transport, closures or congestion at airports or ports, or other similar events beyond the control of the Company. “Low Bookings” is where the minimum number of passengers to run a tour and make it viable, as set out in the Company’s documentation, is not achieved. Please note that the prices detailed in the Company's brochures or online may be subject to change, for reasons beyond the control of the Company.
The Company reserves the right to cancel a tour in any circumstances but will not cancel a tour less than 42 days before departure, except for Force Majeure, Low Bookings or the Client’s failure to pay the final balance. Unless the Client fails to pay the final balance, the Company will, upon cancellation, return all monies paid excluding payment for travel insurance or offer an alternative tour of comparable standard. No compensation will be paid to the Client if cancellation is because of Force Majeure or Low Bookings.
The Company reserves the right to increase the tour cost to take account of the following: government action, currency exchange rates, transportation costs (including the cost of fuel), overflying charges, airport charges, local taxes and increase in scheduled air fares. If the surcharge results in an increase of more than 10% of the tour cost excluding insurance premiums & amendment charges, the Company must notify the Client as quickly as possible in order to enable him to take appropriate decisions, and the Client may then cancel the booking within 7 days of being notified of the surcharge and obtain a full refund. If the client decides to cancel, the Company will consider an appropriate refund of insurance premiums paid if the Client can show that he is unable to transfer or re-use his policy. Should he decide to cancel for this reason, he must exercise his right to do so within 14 days from the issue date printed on his final invoice. No surcharge will be imposed within 30 days of departure.
The Client MUST take out suitable travel insurance in order to take part in a tour organised by the Company. Clients are wholly responsible for arranging their own insurance. A suitable insurance policy should provide adequate cover for medical expenses arising through illness or accident prior to or during the holiday and loss of holiday monies through cancellation and curtailment of the holiday for insurable reasons. The Company is able to assist the Client in obtaining a suitable insurance policy. Clients making their own arrangements should ensure that there are no exclusion clauses limiting protection for the type of activities in their tour. Clients should satisfy themselves that any travel insurance arranged through the Company is what they require and should arrange supplementary insurance if need be.
Passports, visas, vaccinations, entrance fees and tip kitty: Clients must ensure that they are aware of all relevant passport and visa requirements and that they allow adequate time to obtain them. Please note that many countries require that passports are valid for six months beyond the period of the Client’s stay. Requirements can change and it is the Clients’ responsibility to ensure that they comply with current passport, visa and health requirements and take all necessary documents with them to gain access to any country or region which forms part of the tour. The Client will be solely responsible for any cost, loss or damage which he or the Company incurs as a result of a failure to obtain all necessary passports, visas and/or vaccinations. For many of our tours sightseeing entrance fees and group tip kitty are obligatory, payable upon commencement of your tour. Details of these costs are noted in the Excluded Section of our tour itinerary/Go Guide.
It is the Clients’ responsibility to ensure that he and the members of his Party do not behave in a way which causes offence or danger to others or which risks damage to property belonging to others. In such circumstances all suppliers (e.g. hotel managers, airline pilots) and the Company have the right to terminate arrangements made on the Clients’ behalf, in which case the Company’s responsibility to the Client ceases immediately. Therefore, the Company will not be liable for any refunds, payment of compensation or reimbursement of any cost or expenses incurred as a result. Further, the Client will be liable to reimburse the Company for any expenses whatsoever that it incurs as a result of such behaviour.
All Clients are expected to satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen tour as described in the Company’s brochures. Clients aged 65 or above are required to complete our Travel assessment form, and where considered necessary, due to participation requirements, we will be happy to provide the tour on a private basis (supplements apply) or offer tailor-made holiday arrangements. No unaccompanied minors (i.e. those under 18 years of age) can be accepted on tours operated by the Company, however children of 16 or more may travel provided that they are accompanied by a parent or a guardian who accepts full responsibility for them and subject, in all cases, to the ultimate discretion of the Company. Clients agree to accept the authority and decisions of the Company’s employees, tour leaders, and agents whilst on tour with the Company. If in the opinion of such person, the health or conduct of a Client before or after the departure appears likely to endanger the safe, comfortable or happy progress of the tour, the Client may be excluded from all or part of the tour, in which case all monies paid will be forfeited and the Company will not be liable to pay any compensation whatsoever to such Client.
All participants in tours operated by the Company are expected to obey the laws and regulations of the countries visited and any failure to do so will relieve the Company of all obligations that it may otherwise have under the Contract.
Anyone suffering from illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication or other treatment required during the tour. Failure to make such disclosure will constitute a breach of these Booking Conditions and may result in such persons being excluded from the tour in which case all monies paid will be forfeited and the Company will not be liable to pay any compensation whatsoever. If the chosen tour includes a cruise including Felucca sailing or excursion or transfer by boat of any sort the Client must make it known at the time of booking if he/she is unable to swim. This will not prevent the Client from participating in the tour but will enable the Company to take additional precautions for the Client’s safety at such times as may be appropriate. Where the tour includes an overnight stay onboard a felucca, clients who are unable to swim are still able to undertake this tour though will need to book the Nile cruise upgrade for this particular leg of the journey.
Whilst we are able to provide details on what we consider to be the minimum physical and health requirements for each of our tours, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination. Additionally it is your responsibility to seek independent medical advice pertaining to your own personal situation, physical fitness and/or pre-existing medical condition and to satisfy yourself that you are able to complete your chosen tour as is described within the company’s literature. Where you do not do so and either are not allowed to enter any country, or suffer personal injury or death as a result, we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your travel arrangements.
If the Client has a complaint about any of the tour arrangements, the Client must bring it to the attention of the tour leader or other representative of the Company at the time so that they may use their reasonable endeavours to rectify the situation. Failure to complain at the time will affect the Client’s ability to claim compensation from the Company. Should the problem remain unsolved a complaint must be made in writing to the Company within a reasonable period of not more than (we suggest 3 months) after the completion of the tour. Should the parties fail to resolve the matter, either party may refer it to arbitration scheme of the Chartered Institute of Arbitrators recommended by ABTA (the Association of British Travel Agents) at 68 – 71 Newman Street, London W1P 4AH, Tel + 44 20 7637 2444 (UK).’
In accordance with EU Directive (EC) No. 2111/2005, Article 9, we are required to bring to your attention the existence of a ‘community list’ which contains details of air carriers that are subject to an operating ban within the EU community. The community list is available for inspection at: http://ec.europa.eu/transport/modes/air/safety/air-ban/doc/list_en.pdf
The tours operated or supplied by the Company have been designed to provide participants with an exposure to the true nature of the environment visited and therefore involve an element of potential risk and exposure to potential hazards over and above those associated with normal ’package’ holidays. All bookings are accepted on the understanding that the Client appreciates such risks and hazards and that they undertake all tours at their own volition. For group tours, the specific itinerary, inclusions and additional information related to a holiday is detailed in the tour specific Go Guide. The Go Guide is the singular document that accounts for what will be provided on the holiday. If a Client participates in an activity not specifically detailed as included in the tour/ holiday operated by the Company, the Client (i) accepts all responsibility for taking part in such an activity, (ii) accepts that no further services will be provided by the company and (iii) indemnifies the Company against any and all claims related to such an activity. Where the Client suffers death, personal injury or any other loss whatsoever as a result of an activity forming part of the tour arrangements booked with the Company, the Company shall only accept responsibility if the death, personal injury or loss was caused by the negligent acts and/or omissions of the Company’s employees, officers, agents, suppliers or sub-contractors. For the avoidance of doubt, the Company shall not be liable for such death, personal injury or any other loss suffered whatsoever if there has been no fault on the part of the Company or its partners, or if the cause was the fault of the Client (including without limiting the generality of the foregoing the Client’s participation in any activity/option not specifically detailed as included on the tour or operated directly by the Company) or due to the actions of someone unconnected with the tour arrangements or due to circumstances which neither the Company nor its partners could have reasonably anticipated or avoided. All sailing boats used by Company in Croatia are fully insured by the each boat's captain and they have accident insurance for passengers. As such, the Client i) accepts that for sailing trips in Croatia, any claims relating to accidents while on-board their sail boats need to be addressed directly with their boats captain, and ii) indemnifies the Company against any and all claims related to such accidents incurred on their sail boat in Croatia. The Company’s acceptance of liability to pay compensation pursuant to this paragraph 16 is limited, in the case of air travel, rail travel, sea travel or hotel accommodation, to the amounts set out in the provisions of, respectively, the Warsaw Convention 1929 (as amended by the Hague Protocol 1955), the Berne Convention 1961, the Geneva Convention 1973, the Athens Convention 1974 and the Paris Convention 1962. The Company’s acceptance of liability under this paragraph 16 is subject to assignment by the Client to the Company of the Client’s rights against any agent, partner or sub-contractor of the Company which is in any way responsible for the unsatisfactory holiday arrangements or the Client’s death or personal injury.
Any agent through whom you make a booking will relay information from you to us and vice versa. Go Travelling Ltd is neither responsible for any failure by your agent to do this properly or in good time, nor for any advice given to you by your agent that did not originate from Go Travelling Ltd.
If the Client has any special requests, he should inform the Company at the time of booking. The Company and its suppliers will try to meet such requests but, as these do not form part of the Contract, the Company does not guarantee to do so, including for pre-bookable seats. If the Company confirms that a special request has been noted or passed to the supplier or refers to it on the confirmation invoice or elsewhere, this is not a guarantee to meet it. The Client will not be specifically notified if a special request cannot be met. The Company does not accept bookings which are conditional on the fulfilment of any special request.
Please note that a flight described as “direct” will not necessarily be non-stop. All departure/arrival times are provided by the airline concerned and are estimates only. They may change due to air traffic control restrictions, weather conditions, operational/maintenance requirements and the requirement for passengers to check in on time. The Company is not liable if there is any change to a departure/arrival time previously given to the Client or shown on the Client’s ticket. The Company is not responsible for any losses suffered if the Client is delayed and misses any flights - these matters are in the sole discretion of the airline concerned.
It is not always possible to include all departure taxes on the Client’s ticket. In some cases departure taxes must be paid locally and these are payable to the Government of the country departed and are non-refundable.
Credit Card Purchases At Destinations: Some of the items featured in our brochure, for example additional accommodation and bolt ons, can be purchased locally, subject to availability. Whilst the item will be billed in equivalent local currency, prevailing and fluctuating exchange rates combined with a merchant fee (if paying via credit card) may contribute towards an increase in the eventual amount shown on your card statement. No refund of the difference will be offered by us.
On The Go Tours is a member of ABTA Reg. W4479 (Association of British Travel Agents), ATOL Ref. 6109 (Air Travel Organisers License), Travel Compensation Fund (TCF) and is fully bonded for the Client’s financial protection no matter where in the world the tour is booked.
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
In order to process your booking, the Company needs to collect certain personal details from you. These details will usually include the names and addresses of party members, credit/debit or other payment details and special requirements such as those relating to any disability or medical condition that may affect the holiday arrangements. We take full responsibility for ensuring that proper security measures are in place to protect your information.
We must pass some information on to the relevant suppliers of your travel arrangements (airlines, hotels, transport companies etc.). Such suppliers may be outside continental Europe if your holiday is to take place or involve suppliers outside these countries. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law.
Except where expressly permitted by the Data Protection Act 1998, the Company will only deal with the personal details you give to the Company as set out above unless you agree otherwise. We may make contact with you or members of your holiday party by post, e-mail, or telephone for the purposes set out. We will also use your information to inform you of offers in the future or to send you brochures. If you do not wish to receive such approaches in the future then please let us know as soon as possible by telephone, letter or e-mail us at email@example.com. If we do contact you by e-mail about our new brochures or special offers, you will also be able to unsubscribe yourself from our database at this time.
Hotel images featured in our brochures and website are used for illustration purposes only. Your specific hotel (where hotel accommodation is included as part of your chosen tour) may differ from the representation provided. Clients agree that any images taken of their likeness whilst a participant on tours provided by the Company or through the supply of image(s) by fellow clients can be used in any form of media for the Company.
The Contract constituted by the Company’s acceptance of the Client’s booking subject to these Booking Conditions shall constitute the entire agreement between the Client and the Company in relation to the relevant booking, and shall exclude all other terms and conditions (except for the relevant suppliers’ conditions and any applicable international conventions) and shall supersede all prior or contemporaneous communication or information provided.
The Contract (incorporating these Booking Conditions) and all matters arising from it, is subject to English Law and the exclusive jurisdiction of the English Courts.
“On the Go Tours” is the trading name of Go Travelling Limited a private limited company incorporated in England and Wales with Company Registration No. 03890079.
• Global Head Office registered address: Wey Court West, Union Road, Farnham, Surrey, GU9 7PT, United Kingdom
• Registered Office in Austrlia: 39 Hawker Crescent, Elizabeth East, South Australia, AUSTRALIA 5112
• Trading Address in Australia: On The Go Tours: 3/690 Brunswick Street, New Farm, QLD Australia 4005
• ACN NUMBER: 108 386 741 LICENCE NUMBER: 31714 01